K.M.Jacob v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 Crl.MC.No. 2973 of 2015 --------------------------------- PETITIONER(S)/ACCUSED:

-------------------------------------- K.M.JACOB, AGED 47 YEARS, D/O.LATE MATHAI, KOORAYIL VEEDU, VALAKAM P.O., KOTTARAKKARA, KOLLAM DISTRICT.

BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S)/COMPLAINANT/STATE:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. CIRCLE INSPECTOR OF POLICE, THIRUVALLA, PATHANAMTHITTA DISTRICT-689 645.

3. T.G.SAMUEL, S/O.T.D.GEORGE, THANNICKAL HOUSE, OTHARA EAST, ERAVIPEROOR VILLAGE, PATHANAMTHITTA DISTRICT-689 645.

R1 & R2 BY PUBLIC PROSECUTOR SMT.P.MAYA R3 BY ADV. SRI.C.B.SREEKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 2973 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A1 : TRUE COPY OF THE COMPLAINT IN ST.NO.2327/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PATHANAMTHITTA. ANNEXURE A2 : TRUE COPY OF THE PETITION FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PATHANAMTHITTA IN CMP.NO.2345 A/2015 IN ST.NO.2327/2010.

ANNEXURE A3 : TRUE COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT IN CMP.NO.2345 A/2015.

ANNEXURE A4 : TRUE COPY OF THE ORDER IN CMP.NO.2345 A/2015 IN ST.NO.2327/2010 BEFORE THE JFMC-II, PATHANAMTHITTA DATED 7-5-2015.

RESPONDENT(S)' ANNEXURES:

ANNEXURE R3(a): TRUE COPY OF THE PROCEEDINGS SHEET IN ST.NO.2327 OF 2010 ISSUED FROM JUDICIAL FIRST CLASS MAGISTRATE COURT - II, PATHANAMTHITTA.

//TRUE COPY// P.S.TO JUDGE.

Msv/

B. KEMAL PASHA, J.

------------------------------------------------------ Crl. M.C. No. 2973 of 2015 ------------------------------------------------------- Dated this the 03rd day of September, 2015

ORDER

The petitioner is the accused in S.T.

No.2327/2010 of the Judicial First Class Magistrate's CourtII, Pathanamthitta for the offence punishable under Section 138 of the Negotiable Instrument Act.

2.

He was being represented by the court below through his counsel. Finally, when the matter reached the stage of his examination under Section 313 of Cr.P.C, the court below wanted his presence. It seems that thereafter, he did not care to appear and pursuant to that non- bailable warrant was issued by the court below. Subsequently, the petitioner filed an application before the court below seeking permission to get him examined under Section 313 Cr.P.C., through his counsel. Vide Annexure-A4 order, the court

Crl. M.C. No. 2973 of 2015 below dismissed the application.

3.

It seems that right from 17.02.2014, the court below was awaiting the presence of the petitioner for his examination under Section 313 Cr.P.C. Whatever it is, the learned counsel for the petitioner has presently submitted that the petitioner will appear on the next posting date of the case for enabling the court below to examine him under Section 313 Cr.P.C. In case of his appearance before the court below on the next posting date, the court below shall consider his application seeking bail and dispose of the same on the same day itself.

With the above observations, this Crl.M.C. is disposed of.

Sd/- B. KEMAL PASHA, JUDGE ww